Case law

760 NEW BRUNSWICK URBAN RENEWAL LIMITED LIABILITY COMPANY v. NAVIGATORS SPECIALTY INSURANCE COMPANY

District Court, D. New Jersey · Jun 12, 2023

Clarios moved to dismiss Count Seven, arguing, in part, that its receipt of the remediation in progress waiver (“RIP Waiver”) from NJDEP immunized it from ISRA liability. … If a proposed amendment is not clearly futile, then denial of leave to amend is improper.

Schiavone Construction Co. v. Time, Inc.

619 F. Supp. 684 · District Court, D. New Jersey · Oct 1, 1985

Unlike absolute privileges, qualified privileges may be lost if abused, or if the underlying statements are motivated by legal malice. … Clearly, they do not.

Interventional Pain Management v. Horizon Blue Cross Blue Shield of New Jersey

District Court, D. New Jersey · Dec 3, 2025

qualified IDR item or service and that are furnished in the same geographic region (as defined by the Secretary for purposes of such subsection) as such qualified IDR item … The NSA clearly lacks any language that would create a cause of action or right to have an IDR award confirmed by this Court.

Nye v. Ingersoll-Rand Co.

783 F. Supp. 2d 751 · District Court, D. New Jersey · May 10, 2011

Indeed, the Henkel letters clearly state that Plaintiffs have no rights under the 2000 SIP plan, whether or not they sign. … Since the 2000 SIP does not define “major asset” the Court will need to look to extrinsic evidence to determine whether the DR-990 business ■ qualifies.

Gallagher v. Johnson & Johnson Consumer Companies, Inc.

169 F. Supp. 3d 598 · District Court, D. New Jersey · Mar 15, 2016

Thus, an individual who was a New Jersey citizen at the time of injury but who established domicile outside the state before Plaintiff filed her complaint would not qualify as a “citizen of New Jersey” at the time the complaint … The ramifications of the Schwartz plaintiffs’ lawsuit clearly stretched beyond the state, since the relief they sought unavoidably implicated the rights of non-Florida citizens.

Yong Soon Oh v. At & T Corp.

224 F.R.D. 357 · District Court, D. New Jersey · Oct 20, 2004

“Those factors are: (1) the complexity and duration of the litigation; (2) the reaction of the class to the settlement; (3) the stage of the proceedings; *361 (4) the risks of establishing liability; (5) the risks of establishing … The fifth factor the Court considers is the risks of establishing damages.

BURNETT v. United States

District Court, D. New Jersey · May 16, 2024

The Court assumes that Burnett can establish cause to overcome the procedural default of his Davis claim. … At issue is whether Burnett can establish prejudice. U.S.C. § 924(c)(1)(A).

Gonzalez v. Ashcroft

278 F. Supp. 2d 402 · District Court, D. New Jersey · Aug 26, 2003

Indeed, it is well-established that an alien paroled into the United States has not *407 effected an “entry.” Leng May Ma v. … Petitioner qualifies as inadmissible under this subsection as well, based on the aforementioned conviction for trafficking in cocaine.

STOKES v. ELDRED

District Court, D. New Jersey · May 25, 2021

Accordingly, they are entitled to Eleventh Amendment immunity. Woodyard v. Cty. of Essex, 514 F. … As discussed above, Plaintiff has had at least three qualifying dismissals, without record of any appeal, though the Supreme Court has long held that “[a] prior dismissal on a statutorily

REGISTRE

District Court, D. New Jersey · Apr 2, 2026

Plaintiff does not allege that similarly situated non-Haitian employees were treated more favorably under similar circumstances or any 3 This Court notes that the Amended Complaint does not clearly distinguish whether … To qualify for the continuing violations doctrine, “the plaintiff must establish that the harassment is more than the occurrence of isolated or sporadic acts of intentional discrimination.” Id.

Finance One of New Jersey v. Raikes

27 B.R. 969 · District Court, D. New Jersey · Feb 24, 1983

Contrary to appellant’s urgings, the court below did not clearly find that debtor’s income was $1340.00 per month. The court’s description of the debtor’s income is not so definite. … Finance One could not establish any “fat” in the Debt- or’s budget. 22 B.R. 837 .

Alchemie International, Inc. v. Metal World, Inc.

523 F. Supp. 1039 · District Court, D. New Jersey · Sep 23, 1981

See also Currie, supra note 6, at 570 n.15 (contracting long distance should suffice to establish jurisdiction). 42 . … Cousteau, 495 F.2d 483, 499 (5th Cir. 1974) (these questions “prove themselves immune to solution by checklist”).

De Walt v. Sullivan

756 F. Supp. 195 · District Court, D. New Jersey · Jan 18, 1991

To meet that listing, “it must be established that the claimant suffered a history of pain and limitation of motion of any weight bearing joint or spine.” Id. at 8 (emphasis added). Dr. … That purpose is clearly expressed in the statute’s ceiling on fees. As noted above, if use of “Legal Services” gains broad acceptance over “All Items”, then fee awards will increase by almost 30%, at current rates.

Perez, Jr., et al. v. Borough of Carlstadt, et al.

District Court, D. New Jersey · Sep 11, 2026

—who is of Puerto Rican descent—acquired the establishment, Defendants subjected Plaintiffs to administrative resistance not faced by the prior owners, who were not of Puerto Rican descent. … On January 12, 2026, the Court entered a Pretrial Scheduling Order establishing a June 22, 2026, deadline for any motions to amend pleadings or join parties. (See ECF No. 27, ¶ 19).

Forum for Academic & Institutional Rights, Inc. v. Rumsfeld

291 F. Supp. 2d 269 · District Court, D. New Jersey · Nov 5, 2003

Clearly, students have a legally cognizable right to receive information and messages sent by their schools. … As such, the law schools qualify as expressive associations.

BERUTTI v. WOLFSON

District Court, D. New Jersey · Aug 4, 2023

Id. at 549 (explaining that “[a]ny significant disciplinary in-court restraint clearly (a) impinges on the lawyer’s duty to deliver untrammeled and independent service of forensic representation and (b) harms the practitioner … Ranger Cellular, 348 F.3d at 1050 (explaining that the opportunity to compete is an illusory benefit where the plaintiff cannot show that they would have been qualified to compete for the opportunity).

PASKAS v. UNITED PARCEL SERVICE, INC.

District Court, D. New Jersey · Sep 30, 2024

Bermudes was not qualified to perform her job when, in or around March 2021, Ms. … Without additional allegations that clearly link UPS’s failure to ensure that Ms.

ISLAM

District Court, D. New Jersey · Aug 27, 2026

At sentencing, defense counsel successfully argued that Islam’s prior New Jersey marijuana conviction did not qualify as a controlled-substance predicate. … In deciding whether a hearing is required, the Court accepts the movant’s factual allegations as true unless they are clearly contradicted by the record. United States v.

Maldonado v. New Jersey

225 F.R.D. 120 · District Court, D. New Jersey · Dec 15, 2004

Before reaching the analysis, it should be mentioned that the party asserting waiver of work-product immunity, rather than the party asserting the work-product protection, has the burden of establishing waiver. … Maldonado cannot be qualified as a layperson as his counsel argues (PI. Opp.

Sipe v. Amerada Hess Corp.

519 F. Supp. 781 · District Court, D. New Jersey · Aug 5, 1981

That act established a system which encouraged states to enact unemployment compensation laws. … The extraordinarily protective attitude evinced by the Isbrandtsen decision is nowhere more clearly demonstrated than by the provisions of federal law dealing with seamen's wages. 46 U.S.C. § 601 provides that the payment